LURC Champlain Rulemaking

BCC’D TO CHAMPLAIN WIND INTERESTED PERSONS:

Subject: Champlain Wind Kossuth rulemaking hearing notice - supplemental

To Interested Persons:

The September 1 notice to the interested persons list contained information about the public hearing. The Secretary of State’s notice, published September 1 in newspapers and on the web, also contained information about the submission of written comments, which was inadvertently left out of the LURC interested persons email and letter. The complete notice appears below – we apologize for any inconvenience.

AGENCY: 04-061 - Maine Land Use Regulation Commission

PROPOSED RULE NUMBER: 2010-P211

CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Amendment of Appendix F, Expedited Wind Energy Development Area Designation

CONTACT PERSON FOR THIS FILING: Samantha Horn Olsen, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta , Maine 04333-0022 . Telephone: (207) 287-4932. E-mail: Samantha.Horn-Olsen@Maine.gov

CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same

PUBLIC HEARING: September 22, 2010, at the Lee Academy , 26 Winn Rd , Lee Maine, starting at 1:00 p.m.

COMMENT DEADLINE: Following the close of the hearing, there will be an additional 10 day period for written comments to be submitted ending on October 4, 2010, followed by a 7 day rebuttal period ending on October 12, 2010, at which time the record for the rulemaking will close.

BRIEF SUMMARY: Champlain Wind, LLC (Champlain) has petitioned the Land Use Regulation Commission (Commission) to expand the expedited wind energy permitting area by adding 695 acres located in Kossuth Township , Washington County. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.
A public hearing will be held, and the public is invited to testify at the hearing about this rulemaking matter. An application for a wind energy development has not yet been filed, and is not the subject of this hearing. Testimony about any such potential future application is not relevant to this proceeding. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record. Written comments addressing the petition, including data, views or arguments, may be submitted by US Postal Service Mail to “ LURC , 22 State House Station, Augusta, ME 04333-0022” or by email to lurc@maine.gov (include in subject line “Champlain rulemaking”) for consideration by the Commission. Additional information, including a longer, more detailed notice of the rulemaking, the text of the proposed rule, and information about the criteria the Commission must use in making its decision may be obtained by contacting Samantha Horn Olsen or by visiting the Commission’s web site at: http://www.maine.gov/doc/lurc/projects/Windpower/Champlain/Champlain.html

DETAILED SUMMARY FOR CHAMPLAIN PETITION RULE: The 123rd legislature enacted, “An Act to Implement Recommendations of the Governor’s Task Force on Wind Power Development”, Public Law 2007, Ch. 661 as emergency legislation that became effective April 18, 2008. The Act established the expedited permitting area for wind energy development in the jurisdiction of the Land Use Regulation Commission, and subsequently the Commission adopted through rule-making the description and map of the expedited permitting area. The description and map of the expedited permitting area were placed into the Commission’s rules as Appendix F to Ch. 10 Land Use Districts and Standards. 12 M.R.S. §685-A(13) provides for expansion of the expedited permitting area by the Commission in accordance with 35-A M.R.S. §3453, which states:

“The Maine Land Use Regulation Commission may, by rule adopted in accordance with Title 5, chapter 375, add a specified place in the State’s unorganized or de-organized areas to the expedited permitting area. In order to add a specified place to the expedited permitting area, the Maine Land Use Regulation Commission must determine that the proposed addition to the expedited permitting area:
1. Geographic extension. Involves a logical geographic extension of the currently designated expedited permitting area;
2. Meets state goals. Is important to meeting the state goals for wind energy development established in § 3404; and
3. Principal values and goals. Would not compromise the principal values and the goals identified in the comprehensive land use plan adopted by the Maine Land Use Regulation Commission pursuant to Title 12, §685-C.
Rules adopted by the Maine Land Use Regulation Commission pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.”

Champlain Wind, LLC (Champlain) has petitioned the Land Use Regulation Commission (Commission) to expand the expedited wind energy permitting area by adding 695 acres located in Kossuth Township , Washington County. By adding this location to the expedited permitting area, any future wind energy development proposed for this location would be subject to the provisions of PL 2007, chapter 661. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.

PUBLIC HEARING: A public hearing will be held, and the public is invited to testify at the hearing about this rulemaking matter. An application for a wind energy development has not yet been filed, and is not the subject of this hearing. Testimony about any such potential future application is not relevant to this proceeding. The Commission requests, if possible, that those testifying at the hearing bring a written copy of their testimony for filing in the record. The hearing will be held on September 22, 2010 at Lee Academy , 26 Winn Rd , Lee , Maine , starting at 1:00 p.m.. The testimony accepted at the hearing will focus on the petition by Champlain to add specified lands in Kossuth Twp., Washington County, and the applicable statutory criteria set forth at 35-A M.R.S. §3453. Additional information on Champlain’s proposal, including the petition submitted by Champlain, may be found on the Commission’s website at: http://www.maine.gov/doc/lurc/projects/Windpower/Champlain/Champlai...

The hearing will be conducted as follows, however the time of the break may be adjusted as is warranted by circumstances that day:
1:00: Opening Statement by Commission Chair and staff
Brief summary of proposed expedited area expansion by Champlain
Questions by the Commission
Public testimony
5:00: Break
6:00: Statement by Commission Chair and staff
Brief summary of proposed expedited area expansion by Champlain
Questions by the Commission
Public testimony
Rebuttal statements by Champlain
Closing Statement by Commission Chair

STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 684; 685-A(7-A), (13); 685-C(5)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
LURC WEBSITE: http://www.maine.gov/doc/lurc/index.shtml
DEPARTMENTAL RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov